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(영문) 부산지방법원 2018.05.15 2018가단304225
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 48,966,183 and KRW 48,193,851 among the Defendants.

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 through 8, the facts constituting the ground for the claim (However, the creditor is the plaintiff and the debtor is deemed the defendant) can be acknowledged.

B. According to the above facts, the Defendants are jointly and severally obligated to pay to the Plaintiff 48,966,183 won and 48,193,851 won among them, with 12% per annum, which is the rate of delay damages, from November 22, 2017 to January 15, 2018, which is the last service date of the original copy of the instant payment order, and 15% per annum, from the following day to the date of full payment.

Meanwhile, Defendant B asserted that Defendant B paid the instant reimbursement on behalf of the remaining Defendants on January 5, 2018, and the method of repayment was to be made in installments for 96 months in accordance with the adjusted debt approval of the Credit Counseling and Recovery Commission. However, there is no evidence to acknowledge Defendant B’s aforementioned assertion, and even if there was debt adjustment by the Credit Counseling and Recovery Commission as alleged by Defendant B, the credit recovery system is merely a system that assists in the debtor’s economic recovery through debt adjustment such as extension of the repayment period, installment repayment, interest rate adjustment, grace period, and debt reduction and exemption for the debtor who satisfies certain requirements, such as the repayment period, installment repayment, repayment, repayment period extension, etc., even if the Plaintiff obtained the title of debt through the instant lawsuit, it cannot be deemed that there is the validity of preventing the instant claim. However, even if the Plaintiff obtained the title of debt settlement through the instant lawsuit, it is not possible to collect the debt before the instant judgment when Defendant B complies with the contents of the debt settlement agreement. The Plaintiff appears to have secured the need to prepare for the loss of enforcement title.

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